Essay - Privatization of the Prison System and the Impact of the...


Copyright Notice

PRIVATIZATION OF THE PRISON SYSTEM AND THE IMPACT OF THE DIFFERENTIATION OF SENTENCING IN POWDER VERSUS CRACK COCAINE *****FENSE ***** THE ***** ON AFRICAN AMERICAN OFFENDERS

I. HISTORICAL BACKGROUND OF THE POLICY

In 1986 and 1988, the U.S. Congress passed federal sentencing laws related to crack cocaine that differentiated the sentences imposed upon defendants in powder and ***** cocaine ***** offenses in what is known as the 'Anti-Drug Abuse Act of 1986'. These stricter ***** guidel*****es were ***** to address the emerging issue of crack cocaine which w***** perceived to be."..a social menace ***** was categorically different from powder cocaine in its physiological and psychotropic effects." Crack cocaine is powder ***** mixed with banking soda ***** then cooked into hard rocks, which are then broken up into smaller pieces and sold to those who use the drug by smoking it. Crack cocaine is cheaper than powder ***** ***** aroused great public concern when it first h***** ***** streets in the United States. According to Alfred Blumstein of Carnegie Mellon University, as reported by Coyle (2002) in ***** work entitled: "Race and Class Penalties ***** Crack Cocaine Sentencing" crack cocaine began as an innovation in the drug market "crack distribution rights *****d boundaries were apportioned amongst competitors with the use of violence." (Coyle, 2002) The following table relates ***** median street-level dealer ***** quantities and mandatory minimum imposed by the Anti-Drug Act ***** 1986.

Median Street-Level Drug Quantities and M*****atory Minimums

Drug

***** Drug Weight

Mandatory Minimum

Crack *****

52 grams

10 years

Powder Cocaine

340 grams

Source: ***** (2002

***** created the United States Sentencing Commission in 1984 for the purpose of developing federal sentencing guidelines for the purpose ***** bringing about a reduction of sentencing disparity. By 1994 in alliance with provisions set out ***** the Omnibus Violent Crime Control and Law Enforcement Act, the ***** was instructed to conduct a study relating to different penalties in *****- ***** *****-cocaine sentencing. ***** study lasted the duration of one year ***** recommendations ***** the Commission to the U.S. Congress ***** revise the crack/powder 100:1 sentencing disparity due to findings that due to the small differences in the two forms of coca*****e that such sentencing disparities were not justifiable. Commission advised an equalization (1:1) ***** the quantity ratio that would require mandatory sentencing relating to the ***** forms of cocaine. Commission recommendations included advisement ***** guidelines in federal ***** should be based upon criteria other than the type of drug for determination ***** ***** lengths of sentences. These recommendations were rejected by the U.S. Congress along with refusal to make changes to the law and ***** in fact the first such move in ***** history of the United States Sentencing Commission since *****' *****mation. Once again, recommendations were made in April 1997 regarding ***** disparity in sentencing between crack- and powder-cocaine that the differential ***** should be balanced through provision of a range ***** 2:1 to 15:1 for Congress to choose ***** among. This new recommendation "was based on both raising

. . . . [END OF ESSAY PREVIEW]

Download full paper (and others like it)    |    Order a brand new, customized paper

Other topics that might interest you:

© 2001–2016   |   Research Papers about Privatization of the Prison System and the Impact of the   |   Book Report Samples